FOR LAWYERS

The Legal Implications of Relocating with Children After Divorce

By
Lia Kopin-Green
/
July 10, 2023
Last reviewed by
Boruch Burnham, Esq.
/
August 31, 2023

After a divorce most families will live separately, exchanging custody of children as dictated by the custody agreement. However, sometimes a parent may need to change their place of residence. When this happens, the entire custody agreement can be called into question, especially if one party has malicious intent. In order to keep custody exchanges smooth, it is important to understand the legal implications of relocating following a divorce and what should be done when it becomes necessary to move.

Examining Co-Parenting Rules 

The most helpful tool for navigating the space of relocating children is a co-parenting plan. This document should cover a variety of situations including what to do when one parent is considering moving. If the co-parenting plan does not explicitly account for this eventuality, examine the document closely, ideally with a family law attorney, for language that restricts or limits relocation. By ensuring that the co-parenting agreement has been thoroughly consulted and obeyed, parents put themselves in a stronger position to argue good intentions.

Moving Within the Same Area

There are many reasons that one or both parents will need to relocate after a co-parenting plan has been established. For minor moves within the same city, parents will simply need to provide the new address and any updated contact information to the other parent. This arrangement keeps all parties involved with the care of the child informed about where the child will be at all times.

Moving Out of State

While local moves may largely go unchallenged, moving a child to another state with a parent can be an extremely contentious issue. How that issue is resolved depends on the circumstances of each former couple. For those with a parental plan that outlines the procedure for interstate moves, the terms of the plan will dictate how to handle the move. For divorcees with no existing plan or court order forbidding it, an interstate move can be made but there may be some objections lodged by the remaining parent or legal guardian.

Representing Your Parental Rights

If you are looking to relocate or challenge a relocation, you will need the help of an experienced family law attorney. A family law attorney can impartially advocate for your rights using shrewd negotiation skills and clever applications of the law. 

In order to achieve the best possible outcome for your case, you will need an experienced, client-focused attorney. The best way to find that representation is with Attorney at Law. At AAL our nationwide network of attorneys allows us to pair you with the best possible attorney or law firm in your area. Don’t wait. Contact AAL today for a free consultation.

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